HF 1991

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:57am

A bill for an act
relating to environment; prohibiting the use of coal tar; requiring notification and
planning; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116.201] COAL TAR.
new text end

new text begin A state agency may not purchase undiluted coal tar sealant. For the purposes of this
section, "undiluted coal tar sealant" means a sealant material containing coal tar that
has not been mixed with asphalt and is for use on asphalt surfaces, including driveways
and parking lots.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 2. new text begin COAL TAR; NOTIFICATION, INVENTORY, AND BEST
MANAGEMENT PRACTICES.
new text end

new text begin (a) By January 15, 2010, the commissioner of the Pollution Control Agency shall
notify state agencies and local units of government of the potential for contamination of
storm water ponds with polycyclic aromatic hydrocarbons from the use of coal tar sealant
products. For the purpose of this section, a storm water pond includes constructed ponds,
natural ponds, and wetlands used for the collection of storm water.
new text end

new text begin (b) By January 15, 2010, the commissioner of the Pollution Control Agency shall
establish a schedule that requires state agencies and local units of government regulated
under a national pollutant discharge elimination system/state disposal system permit for
municipal separate storm sewer systems to report to the commissioner of the Pollution
Control Agency the total number of storm water ponds under their jurisdiction.
new text end

new text begin (c) The commissioner of the Pollution Control Agency shall develop best
management practices for state agencies and local units of government regulated under a
national pollutant discharge elimination system/state disposal system permit for municipal
separate storm sewer systems to use in cleaning up contaminated storm water ponds and
make the best management practices available on the agency's Web site. As part of the
development of the best management practices, the commissioner shall:
new text end

new text begin (1) sample a set of storm water pond sediments in residential, commercial, and
industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential
concern;
new text end

new text begin (2) investigate the feasibility of screening methods to provide more cost-effective
analytical results and to identify which kinds of ponds are likely to have the highest
concentrations of polycyclic aromatic hydrocarbons; and
new text end

new text begin (3) develop guidance on testing, treatment, removal, and disposal of polycyclic
aromatic hydrocarbon contaminated sediments.
new text end

new text begin (d) The commissioner of the Pollution Control Agency shall incorporate the
requirements for inventory and best management practices specified in paragraphs (b)
and (c) into the next permitting cycle for the national pollutant discharge elimination
system/state disposal system permit for municipal separate storm sewer systems.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $155,000 in fiscal year 2010 is from the clean water fund to the commissioner of
the Pollution Control Agency to meet the requirements under section 2 in order to restore
and protect water quality.
new text end